Lexipedia

Cassatory decision

A judgment that annuls the challenged decision, usually sending the matter back instead of replacing it with a new ruling on the merits.

A cassatory decision sets aside the contested ruling without fully substituting the deciding court’s own resolution of the dispute. In Swiss Federal Supreme Court practice, this often means annulling the lower decision and remanding the case for a new decision consistent with the Court’s legal reasoning. Cassation is common where further fact-finding, discretion, or procedural steps remain necessary. It differs from a reformative decision, in which the Federal Supreme Court directly changes the result. The practical effect is that the case continues before the lower authority.

Cassatory decision | Lexipedia